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HOME BUILDING ACT 1989 - SECT 103Z
Claims administrator may take certain legal proceedings
(1) If-- (a) the liquidator of an insolvent insurer applies to any court for
directions in relation to any particular matter arising under the winding up,
or
(b) the exercise by the liquidator of an insolvent insurer of any of the
liquidator's functions, whether under this Part or not, is challenged,
reviewed or called into question in proceedings before the Tribunal or any
court, or
(c) any other matter that concerns or may affect the operation of
this Part is raised in proceedings before the Tribunal or any court,
the
claims administrator may intervene at any stage of the proceedings before the
Tribunal or that court, by an Australian legal practitioner or an agent, and
the claims administrator thereupon becomes a party to, and has all the rights
of a party to, those proceedings before the Tribunal or that court, including
the right to appeal against any order, judgment or direction of the Tribunal
or the court.
(2) In any case in which the Attorney General might take
proceedings on the relation or on behalf of or for the benefit of a
beneficiary who is (or who would but for the dissolution of the
insolvent insurer be) entitled, under an insolvent insurer's policy, to be
indemnified against a claim or judgment arising from or relating to the
policy, being proceedings for or with respect to enforcing or securing the
observance of any provision made by or under this Part, any Act or any rule of
law, the claims administrator is taken to represent sufficiently the interests
of the public and may take the proceedings in its own name.
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